Stopping a house sale

jessieJames2020

theoretica said:

Do you really want a restriction on her selling the house?  Or just a restriction that she only gets half the money until this is sorted out?

Hi,
At this moment in time I'm hoping to be able to register a restriction as the executor of the estate, showing that a 3rd party has a possible beneficiary interest in half of the property. restricting the sale or her receiving all of the proceeds works either way.

jessieJames2020

Robin9 said:

jessieJames2020 said:

The property is owned as tenants in common, however a trust deed from 30 years ago, which my father seemed to have forgotten about, states that his wife was the sole beneficiary of the house.

Does this relate to the 1st or 2nd wife ?   Is she specifically named - eg Jane x

2nd wife, specifically named.

xylophone

Is the Deed of Trust also registered at the LR?

jessieJames2020

xylophone said:

Is the Deed of Trust also registered at the LR?

no

pphillips

jessieJames2020 said:

theoretica said:

Do you really want a restriction on her selling the house?  Or just a restriction that she only gets half the money until this is sorted out?

Hi,
At this moment in time I'm hoping to be able to register a restriction as the executor of the estate, showing that a 3rd party has a possible beneficiary interest in half of the property. restricting the sale or her receiving all of the proceeds works either way.

The Land Registry Office won't need to know about the possible 3rd party interest because the appointment of a second trustee ensures that any beneficial interests in the property are attached to the sale proceeds. 

getmore4less

Form A restrictions are useless for protecting a deceased TIC share. 

The sole legal owner just appoints anyone, maybe the daughter in this case. 

tosca50

Help needed please.  My sister and I shared a house for sixteen years and as I was 20 years older and just having state pension we decided she would get mortgage and I would share all bills. We made wills and she asked solictor to to leave house to me and I in return would bequeath it to her 2 children.  the solicitor advised against this as he said me being that much older chances were I'd go into a nursing home and they could force sale of house to pay nnursing home fees. What he suggested was to leave house to 2 children and to put in will that I would remain in house till I died. My sister died recently and had only been paying the interest on mortgage as she had to leave her job due to ill health. She had taken out 2 policies to cover mortgage when she died. I phoned about policies to pay off house they said , unfortunately because your sister was paying interest the capital stayed the same and didn't reduce,. and again unfortunately the polcies did reduce  and there was now a  large shortfall, and now the mortgage won't be paid off and the house will probably need to be sold to cover shortfall.  I need help because I don't know what will happen to me as I am now 82 , and don't have anywhere to go and I really wanted to spend my last years here as my sister intended.  The will is going through probate and my question is does probate last for a bit and the sale of house can't go ahead till probate's finished?  which would give me a bit of breathing space to try to find somewhere I could go. Her 2 daughters are executors. Thanks for any advice.

tosca50

Hi sorry, I think I've intruded someone else's question, It's my first time on form.

sammyjammy

tosca50 said:

Help needed please.  My sister and I shared a house for sixteen years and as I was 20 years older and just having state pension we decided she would get mortgage and I would share all bills. We made wills and she asked solictor to to leave house to me and I in return would bequeath it to her 2 children.  the solicitor advised against this as he said me being that much older chances were I'd go into a nursing home and they could force sale of house to pay nnursing home fees. What he suggested was to leave house to 2 children and to put in will that I would remain in house till I died. My sister died recently and had only been paying the interest on mortgage as she had to leave her job due to ill health. She had taken out 2 policies to cover mortgage when she died. I phoned about policies to pay off house they said , unfortunately because your sister was paying interest the capital stayed the same and didn't reduce,. and again unfortunately the polcies did reduce  and there was now a  large shortfall, and now the mortgage won't be paid off and the house will probably need to be sold to cover shortfall.  I need help because I don't know what will happen to me as I am now 82 , and don't have anywhere to go and I really wanted to spend my last years here as my sister intended.  The will is going through probate and my question is does probate last for a bit and the sale of house can't go ahead till probate's finished?  which would give me a bit of breathing space to try to find somewhere I could go. Her 2 daughters are executors. Thanks for any advice.

What a worry for you.  If what you say is correct then the two children now own the house that you have a right to live in, do they know about the mortgage balance that needs repaying?  What are they planning to do about it?  Do you have the exact wording of the will regards you remaining in the house?